Afternoon Drive with Xolani Gwala

Immigration lawyer, Craig Smith, says the Department of Home Affairs is entitled to ban Pastor Steven Anderson from entering South Africa after his homophobic comments.

Smith explains what South Africa's Immigration Law entails and analyses the decision made by Home Affairs.

The department can determine a balance between individual liberty and right to national security and the interest of the citizens in the country. In this instance they have pronounced on behalf of citizens.

— Craig Smith, immigration lawyer

What Home Affairs are obliged to do is address the pastor in writing giving written reasons why they consider him to be a prohibited person based on particular evidence, then this particular pastor has every right to appeal the decision.

— Craig Smith, immigration lawyer

That would be appealed to the director general, if he dismisses the appeal, it can then go to the minister.

— Craig Smith, immigration lawyer

Pastor Anderson said gay people should be killed because the Bible says so.